What is the Housing Act 2004?
The Housing Act 2004 concentrates largely on conditions found within private rented housing, with provisions ranging from licensing HMOs and the implementation of the housing health and safety hazard rating system to new provisions to deal with vacant properties in the form of empty dwelling management orders [EDMOs]. It also includes restrictions on right to buy, together with reforms to the regulatory regime imposed on registered social landlords. The private sector housing service has responsibility for the following areas:
The Housing Act 2004 (external site)
The Housing Act 2004 explanatory notes (external site)
- Housing Health and Safety Rating System (HHSRS) to replace the current housing fitness standard. This will help local authorities target the worst-condition properties, often housing some of the most vulnerable people.
- licensing of Hhuses in multiple occupation mandatory licensing for larger higher risk HMOs and discretionary powers to licence smaller multiply occupied properties
- enabling local authorities to tackle low housing demand and the difficulties of anti-social behaviour through new powers to selectively licence private landlords
- additional control provisions in relation to residential accommodation, including interim and final management orders, interim and final empty dwelling management orders and overcrowding notices.
What is the housing health and safety rating system?
The housing health and safety rating system (HHSRS) is a method of risk assessment which focuses on particular hazards and therefore places emphasis directly on the risk to health and safety in a residential property. HHSRS replaces the fitness standard. Risks are assessed on the basis of the likelihood of an occurrence that could cause harm and the probable severity of the outcome, if it did happen.
Under the new system, action by local authorities is based on a three stage consideration;
- the hazard rating determined under the HHSRS
- whether the authority has a duty or power to act,
- the authority’s judgment as to the most appropriate course of action to deal with the hazard.
The HHSRS assesses 29 categories of housing hazard, including factors which were not covered or covered adequately by the housing fitness standard. It provides a rating for each hazard and does not provide a rating for the dwelling as a whole or, in the case of multiply occupied dwellings, for the building as a whole.
For further information relating to the HHSRS and the 29 categories assessed use the following links:
Housing Health and Safety Rating System (HHSRS) - Quick guide
HHSRS operating guidance
HHSRS guidance for landlords
DASH A Landlords' guide to HHSRS
The HHSRS assessment is based on the risk to the potential occupant who is most vulnerable to the hazard. But authorities will be able to take account of the vulnerability of the actual occupant in deciding the best course of action.